Supreme Court Increases Compensation Awarded To Paralysed Agriculturist To Rs 4,000 Per Month

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Supreme Court Increases Compensation Awarded To Paralysed Agriculturist To Rs 4,000 Per Month
Supreme Court Increases Compensation Awarded To Paralysed Agriculturist To Rs 4,000 Per Month

A Supreme Court bench headed by Chief Justice of India Dipak Misra, has ruled that an agriculturist who had been paralysed in an accident must receive Rs 4,000 as monthly income.

The three-judge  bench comprising Justices AM Khanwilkar and Dr DY Chandrachud, along with the CJI passed the order while hearing an appeal from a paralysed victim who asked that the compensation awarded to him be enhanced.

 

The SC noted that given that the victim is suffering from traumatic paraplegia and had paralysed lower limbs, the monthly income provided to him should be “taken at Rupees four thousand (sic).”

Accident Caused 100% Disability

In September 2005, the victim then an 28 years old agriculturist was attending an event where a tractor demonstration was being held. The driver lost control of the tractor, which ended up injuring the agriculturist severely.

The victim had approached the High Court to enhance the compensation, but his plea set aside there, with the HC accepting the arguments of the insurer.

The appellant had sought a compensation of Rs 25 lakh stating that his monthly income was Rs 10,000. The tribunal however rejected his claim noting the lack of “cogent proof” for it, and that he was part of a “family of agriculturists which has a land holding of 5 acres and 25 gunthas.”

In its judgement, the Supreme Court bench, has however held as the victim “suffers from traumatic paraplegia and was in the hospital for 42 days” and further now had “100% disability,” his monthly income “should be taken to Rs 4,000.”

Compensation Increased Due to Serious Disability

As per initial medical records the victim was suffering from paraplegia with a compression fracture, which resulted in him being permanently immobilized and wheel-chair bound. He also required artificial support for bladder and bowel evacuation, as confirmed by his doctor Dr. Jayaprakash.

The Supreme Court’s ruling has increased the total compensation awarded by the tribunal, adding another Rs 1, 20,000 to the original sum Rs 8,60,000,  due to the “serious nature of the disability”.

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